Law in the Internet Society

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AnthonyMahmudFirstEssay 5 - 31 Oct 2019 - Main.AnthonyMahmud
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Cloudy With a Chance of Eyeballs: Consequences at the Seams of Cross-Border Data Sharing

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Consequences of Jurisdictional Ambiguities

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<		CLOUD does not explicitly limit its application to tech companies incorporated in the United States. No doubt there is a high bar for having general jurisdiction over a foreign corporation, but it does not seem farfetched that a major tech communication platform would have requisite systematic and persistent business contacts with the US. This then posits a seemingly perverse circumstance where a foreign corporation with exclusively foreign data storage is at the mercy of American SCA warrants. Such a wide radius of authority threatens to undermine legislative sovereignty, corporate autonomy and the general integrity of data privacy. It also appears to harbor irreconcilable contentions with the GDPR data control rights. GDPR’s ‘right to be forgotten’ and “right to be informed” “where personal data are transferred to a third country” appear incongruent with the record retention, and notice-free data grabs that CLOUD can authorize.
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>		CLOUD does not explicitly limit its application to tech companies incorporated in the United States. No doubt there is a high bar for having jurisdiction over a foreign corporation, but it does not seem farfetched that a major tech communication platform would have requisite systematic and persistent business contacts that would apply the regulation within specific jurisdiction. This then posits a seemingly perverse circumstance where a foreign corporation with exclusively foreign data storage is at the mercy of American SCA warrants. Such a wide radius of authority threatens to undermine legislative sovereignty, corporate autonomy and the general integrity of data privacy. It also appears to harbor irreconcilable contentions with the GDPR data control rights. GDPR’s ‘right to be forgotten’ and “right to be informed” “where personal data are transferred to a third country” appear incongruent with the record retention, and notice-free data grabs that CLOUD can authorize.
 

Capacity of Safeguards for Consequences of Judicial Ambiguities


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